Are employers allowed to insist employees take random drug tests?
Yes, if the employer can establish the drug tests as a good faith occupational requirement or for post-incident assessment. For example, trucking companies may argue that random drug testing for drivers may be a good faith job requirement. However, it would be difficult for a restaurant operator to insist that it is a good faith occupational requirement for waiters to be tested for drugs.
Related Questions
- Why are drug tests and health assessments being required for new full-time administrative and staff employees? What is included in the health assessment?
- My job drug tests employees. Can my employer fire me if he/she finds out that I use medical marijuana as a legal patient?
- Do DOT-regulated employers have to do pre-employment drug tests on every driver?
